JOHN NESA KUMAR Vs. CANARA BANK

JUDGEMENT

(1.) The petitioner in the above writ petition has sought for a writ of certiorari to quash the Order dated 17.08.2019 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru, in C.Misc. No.50241/2019, vide Annexure-E, permitting the respondent herein-Bank to take physical possession of the schedule property, for non payment of due amount of Rs.1,27,01,660/- (Rupees One Crore Twenty Seven Lakhs One thousand Six hundred and Sixty Only).

(2.) Smt.Sandhya U Prabhu, learned counsel for the petitioner submits that, against the impugned Order, the petitioner has got an alternative remedy of appeal under the provisions of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner has not yet filed the appeal.

(3.) Since the learned counsel for the caveator respondent did not appear before the Court in the pre-lunch session, the matter was passed over, in order to give an opportunity, and was also intimated to appear before Court through learned counsel for the petitioner. Inspite of the same, learned counsel for the caveator-respondent did not appear before the Court, when the matter was called out for the second time, in the post lunch session.